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Changes to the Mental Health Act: Background and perspectives

Changes to the Mental Health Act: Background and perspectives. John Hickey, Project Officer Legal and Forensic Policy Team Mental Health Branch. Background to the amendments. The result of the following influences: Supreme and coroner’s court decisions Responses to the CTO discussion paper

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Changes to the Mental Health Act: Background and perspectives

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  1. Changes to the Mental Health Act: Background and perspectives • John Hickey, Project Officer • Legal and Forensic Policy Team • Mental Health Branch

  2. Background to the amendments • The result of the following influences: • Supreme and coroner’s court decisions • Responses to the CTO discussion paper • Consumer and carer feedback • Improving the operation of the Act • The Mental Health (Amendment) Act 2003 • Implementation date: 6th December 2004

  3. Admission process • The Act removes the requirement for admission and detention from the involuntary treatment criteria in section 8 • The criteria will now focus on the need for involuntary treatment – not where that treatment is to be provided • Involuntary Treatment Order

  4. Treatment Plans -Section 19A • Every patient under the Mental Health Act 1986 must have a treatment plan. • The purposes of treatment plans are: • To improve communication between the treatment team and the patient • To provide a clear statement about treatment and expectations • Consistent with existing treating practice

  5. Monitoring and Review • Mental Health Branch will monitor the implementation over the next 12 months: • Admission processes • Treatment plans

  6. Further Information • www.health.vic.gov.au/mentalhealth

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